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ADP Failures and Refunds for Fiscal Plan


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Guest kstorch
Posted

If a plan has a plan year of 12/1/00 - 11/30/01 and fails the ADP test requirinig refunds to HCE's, would the amount of the deferrals end up on the employees 2000 or 2001 taxes? Deferrals commenced in April of 2001.

Posted

If the refunds are made to the HCEs within 2.5 months from the end of the plan year, the dollars would be taxable for the year in which they were contributed to the plan.

If the the HCEs involved actually didn't make any contributions during December 2000, then the refunds would be 2001 income.

Of course if you wait until after 2/15/02 to make the refunds, they would be 2002 income for the HCEs.

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